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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5767
Experience:  20 years professional experience
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I have 3 property judgement liens on my homestead property

Customer Question

I have 3 property judgement liens on my homestead property in Flower Mound. These are a result of a failed business venture that I had 11 years ago. The liens are 8 and 9 years old. I am trying to finance a pool for my house with the equity (over $150,000) in my house but the bank does not want to loan me money because of the liens. I've read that judgement liens are valid for 10 years. If I want to borrow the money for the pool for this year, what options do I have?
Thank you for your help.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Maverick replied 8 months ago.

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Expert:  Maverick replied 8 months ago.

In order to determine if the liens can be discharged we need to know which of the abstracts of judgment were filed after September 1, 2007.

Were all three judgments obtained after that date?

Customer: replied 8 months ago.
One of the liens was filed on August 27, 2007. The other two liens were filed in 2008.
Expert:  Maverick replied 8 months ago.

Let's fist make sure that when you say the lien was filed, you mean to say that is when it was recorded in the county deed records as opposed to the date the judgment was signed by the court. So, when was the judgment signed on the August 27th one?

Customer: replied 8 months ago.
Can I just email you the email that I received from the bank on the liens? I can do that if you provide me your email address. If I need to pay a little more for your efforts, please let me know.Thank You,
Raul
Expert:  Maverick replied 8 months ago.

Raul, please consider my offer for premium services. I think you will be pleased.

Customer: replied 8 months ago.
Maverick,
I would if I saw potential use of your services in the future. This is the first time that I've had a need for a real estate lawyer in my 60 years of life. I do not mind paying a little more for your legal advice for this one time need.Raul
Expert:  Maverick replied 8 months ago.

Raul:

I am not sure I follow what you are saying but no matter. Maybe you can just pay me a bonus as you see fit. While I cannot give out my private email address without your accepting the offer of additional service, you are welcome to upload the document for me to review directly on this JA page. If you need help on how to do that from your end of the portal, you may want to contact JA customer service at 1-***-***-****

Customer: replied 8 months ago.
Maverick, I've attached the file "Gamboa-Judgements liens -2.pdf" Let me know if you can read them.Thank you,
Raul
Expert:  Maverick replied 8 months ago.

Raul:

There is not much that can be done about the August 07 abstract. You may just have to pay that one off before a lender will approve a loan for the pool because even if that lender cannot force a sale, if a sale of the home ever occurs, that lender will need to be paid and paid with interest.

For the 2008 abstract- Property Code Sec. 52.0012, which became effective September 1, 2007, provides a procedure for releasing homestead property from a judgment lien. Property Code Sec. 52.0012 provides for the filing of an Affidavit that must substantially comply with the form that appears in that section of the Code. Filing of the affidavit must be preceded by a 30 day notice letter, sent certified mail and addressed to the judgment creditor and its attorney of record. The letter must contain a copy of the affidavit that the homestead owner intends to file in the real property records. If done properly, your affidavit serves as a release of the judgment lien as to the homestead property. Also, then the mortgagees are entitled to rely absolutely on your affidavit.

So, contact the judgment creditor or its attorneys and inform them that the lien is currently showing against the homestead and formally demand that the creditor execute a partial release or legal action will be taken without further notice. The legal basis for this demand is Tarrant Bank v. Miller (833 S.W.2D 366) which decided that a judgment creditor was liable in damages if it failed after demand to give a partial release of a judgment as to the debtor’s homestead.

See here for property code 52 details.

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